H. B. 2991
(By Delegates White, Boggs, Yost, Reynolds, Perdue, Doyle,
Tucker, Marshall, Manchin, Anderson and Border)
(Originating in the Committee on Finance)
[February 8, 2007]
A BILL to amend and reenact §11-1-1 of the Code of West Virginia,
1931, as amended, relating to the State Tax Division in the
Department of Revenue; and authorizing the tax commissioner to
conduct criminal background checks for prospective employees.
Be it enacted by the Legislature of West Virginia:
That §11-1-1 of the code of West Virginia, 1931, as amended,
be amended and reenacted, to read as follows:
ARTICLE 1. SUPERVISION.
§11-1-1. Office of tax commissioner continued and designated the
state tax division; appointment, term, oath and bond of
commissioner; powers and duties generally; sections of
division; assistant tax commissioner; authorization of
criminal background checks conducted by tax
commissioner for prospective employees; assistant
attorneys general to assist commissioner.
(a) The office of the tax commissioner is continued in all
respects as previously constituted in the state government, but is hereby designated as the state tax division of the department of
tax and revenue.
(b) The tax commissioner is the chief executive officer of the
state tax division and shall be appointed by the governor, by and
with the advice and consent of the Senate, to serve at the will and
pleasure of the governor for the term for which the governor was
elected and until a successor has been appointed and has qualified.
(c) The tax commissioner, before entering upon the duties of
office, shall take the oath or affirmation prescribed by section 5,
article IV of the constitution. The tax commissioner shall give
bond with good security, to be approved by the governor, in the
penalty of fifteen thousand dollars. The tax commissioner shall be
repaid his or her actual disbursements for traveling expenses. The
tax commissioner shall be provided with an office in the capitol
and with furniture, office equipment and any necessary clerical
assistance.
(d) The tax commissioner has control and supervision of the
state tax division and is responsible for the work of each of its
sections or other subunits. Each section or bureau shall be headed
by a director appointed by the tax commissioner and who is
responsible to the tax commissioner for the work of his or her
section or bureau. The tax commissioner may create any sections or
bureaus and employ any necessary staff or employees to administer
the state tax laws for which the tax commissioner or tax division
is responsible, within the amount of expenditures appropriated for
operation of the tax division by the Legislature. The tax commissioner has authority to appoint an assistant tax commissioner
who shall be his or her principal assistant. The powers and duties
vested in the tax commissioner by this chapter and any other
provisions of law may be delegated by the tax commissioner to the
assistant or other employees, but the tax commissioner is
responsible for all official acts of his or her delegates.
(e) In order to assist in determining if an applicant for
employment in the state tax division is suitable for such
employment, the commissioner is authorized to conduct a criminal
records check through the criminal identification bureau of the
West Virginia state police and a national criminal history check
through the federal bureau of investigation. The result of any
criminal records or criminal history check shall be sent to the
commissioner. The commissioner and any other employees of the
state tax division shall not disclose information obtained pursuant
to this subsection except for purposes directly related to the
employment of the application by the tax division.
(e) (f) The tax commissioner, if he or she considers the
action necessary, may request the attorney general to appoint
assistant attorneys general who shall perform duties as required by
the tax commissioner. The attorney general, in pursuance of the
request, may select and appoint assistant attorneys general, with
the consent of the tax commissioner, to serve during the will and
pleasure of the attorney general, and the assistants shall be paid
out of any funds made available for that purpose by the Legislature
to the state tax division.
NOTE: The purpose of this bill is to authorize the Tax
Commissioner to conduct criminal record and criminal history checks
of prospective employees of the Tax Division.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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